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Asked and Answered

CPRA Police Records

Can law enforcement seal a search warrant that gathered evidence on a civil case?

1) Can a law enforcement agency use a search warrant to gather evidence in an anticipated civil case? 2) Can that same agency seal a search warrant used solely to acquire information for an expected civil case? 3) Where can I find the law on this, so that I may reference it in conversations […]

August 19, 2011
Asked and Answered

Brown Act

Does newspaper candidate forum constitute a quorum?

We invited city council candidates to our newspaper offices for an editorial endorsement forum. There are three incumbents and one challenger for three seats. We will have me, the editor, and a reporter there to ask the candidates questions about why we should endorse their candidacy. Because there are three candidates currently on the […]

October 6, 2009
Asked and Answered

Brown Act

Does Brown Act allow public meeting recordings to be destroyed?

[…] subject that was related to the issue in from of them, but was already decided by the state board. I sent a request this week that had questions about the Brown Act and the Public Records Act. We have taken the first step and requested copies of communication from 2 agencies in order to […]

March 25, 2013
Asked and Answered

CPRA

Are not for profit charter schools required to comply with the CPRA?

Under the CA Public Records Act, are not-for-profit charter schools required to comply? Are any not-for-profit (public, private, charter, etc.) required to comply?

November 9, 2016
Asked and Answered

Brown Act First Amendment

New rule places unreasonable time restraints on public comments

The new rule one of the county supervisors has been threatening to make formal, requires constituent speakers to aggregate all remarks on as many as a dozen or more separate items into one three minute slot isolated from other speakers and staff who may have commentary on individual items. This requires the speaker to […]

March 5, 2012
Asked and Answered

First Amendment

Can my city require six days notice for a permit to picket or is that prior restraint?

The city has drafted a new ordinance that requires six days notice and a permit to picket or demonstrate on main drags, and two-to-four days on smaller ones. Is this a violation of free speech rights?

October 7, 2011
Asked and Answered

CPRA

CPRA ten-day deadline for request responses: Is that business days or calendar days?

Regarding the CPRA's mandate that an agency must respond to a request within 10 days, FAC and other groups claim this means calendar days, not working days. Is there some compelling basis for this belief?

September 16, 2015
Asked and Answered

CPRA

Access to sheriff’s e-mail and phone records

Our new sheriff is using his personal cell phone and personal e-mail for conducting county business. He rarely uses his county-issued phone or his official county e-mail address to respond to citizens, instead public inquiries will be answered via his private e-mail. I believe there is some other activity going on as well, including […]

March 22, 2012
Asked and Answered

First Amendment Police Records

What is legality of reporting on contents of leaked documents?

[…] I do not intend to post the actual documents or any personal information (phone numbers, etc) but there are conversations in the documents that I believe are newsworthy and I would like to report on those conversations. Do I have potential legal liability if I publish a story based on and quoting from the […]

November 8, 2016
Asked and Answered

Brown Act

I ask for transparency; they ask me to resign

[…] versus a closed door Brown Act Meeting. There are no meeting minutes and no 72- hour posting of an Agenda, as required by the Brown Act. I have been repeatedly asked to resign from the committee and have been treated very badly because I am asking questions. I would appreciate any assistance you can provide.

January 11, 2012